OFFICE OF THE PRESIDENT DISTRICT CONSUMER DISPUTE REDRESSAL FORUM: KEONJHAR.
C.D.CASE No. 27/2009
Subhrarani Jena, aged about 33 yrs,
Wife of Sarat Kumar Jena,
Of Vill: Karadapal, Po: Angara,
Dist- Keonjhar …….. Complainant
-VERSUS-
1) National Insurance Co. Ltd.,
Represented through its Manager
National Insurance Co. Ltd,
At/Po:P.S jajpur Road
Dist- Jajpur.
2) The Asst. Secretary,
Office of the Insurance Company Ombudsman 62
Forest Part, Bhubneswar-09, Odisha. ……… Opp. Parties.
Advocate for the complainant: Rajkishore Bhuyan,
Advocate for the Opp. Party : Nrutya Gopal Das.
Present : Smt. Raseswari Mohanty, I/C President,
Sri Subash Ch. Sahoo, Member.
DATE OF HEARING:19.10.09 DATE OF ORDER:19.11.2009
SRI SUBASH CH. SAHOO , MEMBER :-
The brief facts of the case is that the complainant in order to maintain her family by Transport business and engaging the unemployed relatives and family members, the complainant purchased one Ashok Leyland Truck, bearing No.OR-E-8878 which was insured with the opp. party No.1 having policy No. 163101/31/04/6300005587, dt 14.01.05 to 13.01.06. During valid period of Insurance, the vehicle of the complainant met with an accident on 14.02.05.Soon after the accident, the complainant has intimated the facts to the knowledge of the Opp. Party No.1. Along with one claim form and the opp. party deputed one surveyor who inspected the damaged vehicle. The complainant got the vehicle repaired and spent few days the opp. party No.1 informed the complainant that due to non-submission of required documents, the claim of the complainant was closed on 22.02.2007.
Thereafter the complainant approached to Opp. party No.2 and Opp. party No.2 dismissed the claim on 12.02.09 on the ground of non-submission of documents.
The complainant approached this Forum for a direction to the opp.Party to pay Rs.1,40,000/- and cost of Rs.50,000/- for mental agony. In support of the claim, the complainant filed the copy of letters and copy of order of opp.party No.2 and bills & vouchers.
After service of notice the opp.party no.1 entered appearance through its counsel and filed written version stating the plea that the Forum has no jurisdiction to hear the case as the accident took place at kendrapada and alleged vehicle was insured at Jajpur Road and the case is barred by law of limitation as the claim was repudiated on 22.02.2007, on non-submission of required documents inspite of repeated remainders i.e. on 26.12.06 and 08.01.07. In support of the stand, the complainant has filed policy, payment of bills, report of surveyor and order of opp.Party No.2.
The Opp.Party also filed copy of letter dtd. 26.12.2006 and 08.01.07.
In view of above submission by both the contesting parties, the following issue is vital issue for adjudication of the complaint petition.
Whether the repudiation of claim by the opp.party No.1 is justified?
During course of argument the Advocate for the complainant mentioned that all the required documents were submitted before the opp.party No.1 but inspite of that the opp.party No.1 repudiated the claim.
Advocate for opp.party No.1 argued that the opp.party No.1 sent two letters dt. 26.12.06 and 08.01.07 to the complainant but the complainant failed to submit the required documents and there is no proof that the complainant has either submitted the required documents or sent the document to the opp.party No.1 and also to opp.party No.2 for which the opp.party No.2 dismissed the claim of the complainant.
So in view of above observation and from the pleading of both the contesting parties and basing on documents filed by the parties, it revealed that the complainant has failed to submit the required documents either to opp.party No.1 or to opp.party No.2 for which the claim was dismissed. Had the complainant submitted the documents before the opp.party No.1 or opp.party No.2 the matter would have been different, but the complainant failed to produce any evidence that she has in fact submitted the documents.
Hence in our view and opinion, the repudiation of claim by the opp.parties is upheld since the complainant has failed to prove that she has submitted the required documents to opp.party No.1 and also before opp.party No.2 and the complainant petition is dismissed with aforesaid finding without cost. The case is disposed of accordingly as complaint dismissed.
Given under our hand and seal of the Forum, this the 19th day of November, 2009.
I agree I agree
Member I/C President
DCDRF, Keonjhar DCDRF, Keonjhar.
Dictated & Corrected
By me
Tags: National Insurance Co